Federal Acquisition Regulation; Central Contractor Registration - Taxpayer Identification Number (TIN) Validation, 60782-60783 [05-20869]
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60782
Federal Register / Vol. 70, No. 201 / Wednesday, October 19, 2005 / Proposed Rules
collection requirements subject to the
Paperwork Reduction Act of 1995,
Public Law 104–13. In addition,
therefore, it does not contain any
proposed information collection burden
‘‘for small business concerns with fewer
than 25 employees,’’ pursuant to the
Small Business Paperwork Relief Act of
2002, Public Law 107–198, see 44 U.S.C.
3506(c)(4).
The Provisions of the Regulatory
Flexibility Act of 1980 do not apply to
this proceeding. Members of the public
should note that from the time a Notice
of Proposed Rule Making is issued until
the matter is no longer subject to
Commission consideration or court
review, all ex parte contacts are
prohibited in Commission proceedings,
such as this one, which involve channel
allotments. See 47 CFR 1.1204(b) for
rules governing permissible ex parte
contacts.
For information regarding proper
filing procedures for comments, see 47
CFR 1.415 and 1.420.
List of Subjects in 47 CFR Part 73
Radio, Radio broadcasting.
For the reasons discussed in the
preamble, the Federal Communications
Commission proposes to amend 47 CFR
part 73 as follows:
PART 73—RADIO BROADCAST
SERVICES
1. The authority citation for Part 73
continues to read as follows:
Authority: 47 U.S.C. 154, 303, 334 and 336.
§ 73.202
[Amended]
2. Section 73.202(b), the Table of FM
Allotments under Tennessee, is
amended by adding Charleston, Channel
250A.
Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division, Media
Bureau.
[FR Doc. 05–20844 Filed 10–18–05; 8:45 am]
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Jkt 208001
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 2, 4, and 52
[FAR Case 2005–007]
RIN 9000–AK33
SUPPLEMENTARY INFORMATION:
Federal Acquisition Regulation;
Central Contractor Registration –
Taxpayer Identification Number (TIN)
Validation
AGENCIES: Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Proposed rule.
SUMMARY: The Civilian Agency
Acquisition Council and the Defense
Acquisition Regulations Council
(Councils) are proposing to amend the
Federal Acquisition Regulation (FAR) to
include the process of validating a
Central Contractor Registration (CCR)
registrant’s taxpayer identification
number (TIN) with the Internal Revenue
Service (IRS) to improve data accuracy
in the Federal procurement system.
Additionally, the proposed amendment
removes outdated language requiring
modifications of contracts prior to
December 31, 2003, regarding CCR.
DATES: Interested parties should submit
written comments to the FAR
Secretariat on or before December 19,
2005 to be considered in the
formulation of a final rule.
ADDRESSES: Submit comments
identified by FAR case 2005–007 by any
of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Agency Web Site: https://
www.acqnet.gov/far/ProposedRules/
proposed.htm. Click on the FAR case
number to submit comments.
• E-mail: farcase.2005–007@gsa.gov.
Include FAR case 2005–007 in the
subject line of the message.
• Fax: 202–501–4067.
• Mail: General Services
Administration, Regulatory Secretariat
(VIR), 1800 F Street, NW, Room 4035,
ATTN: Laurieann Duarte, Washington,
DC 20405.
Instructions: Please submit comments
only and cite FAR case 2005–007 in all
correspondence related to this case. All
comments received will be posted
without change to https://
www.acqnet.gov/far/ProposedRules/
PO 00000
Frm 00039
Fmt 4702
proposed.htm, including any personal
and/or business confidential
information provided.
FOR FURTHER INFORMATION CONTACT: The
FAR Secretariat at (202) 501–4755 for
information pertaining to status or
publication schedules. For clarification
of content, contact Mr. Michael O.
Jackson, Procurement Analyst, at (202)
208–4949. Please cite FAR case 2005–
007.
Sfmt 4702
A. Background
Vendor registration in the CCR as a
pre-requisite for being awarded a
contract has been required in the
Department of Defense since 1998, for
Civilian Agencies since 2003. Since
CCR’s inception, validation of
registrants’ TINs with the IRS has been
contemplated in order to improve data
accuracy throughout the Federal
procurement system. This capability,
although actively pursued, was never
implemented as the Internal Revenue
Code (I.R.C.) restricts disclosure of TINs
without the taxpayer’s consent, which
due to technology at the time, would
have been costly and inefficient to
pursue. However, in its Fall 2004
‘‘Report to Senate Committee on
Governmental Affairs Permanent
Subcommittee on Investigations,’’ the
Federal Contractor Tax Compliance
Task Force (which included the Office
of Management and Budget, the
Department of Treasury, the Department
of Defense, the General Services
Administration, the Department of
Justice, and the IRS) recommended that
‘‘ . . . a consent-based TIN validation
under I.R.C. § 6103 should be
instituted.’’ The capability for a near
real-time/real-time, web-based solution
integrating the CCR with an IRS
validation is now able to be pursued
due to advancements in technology. The
FAR was recommended to be updated to
specifically identify the validation of
the TINs as a part of CCR registration.
Additionally, Subpart 4.11, Central
Contractor Registration, contains
language that was included when this
subpart was implemented in the FAR in
2003. This outdated language required
modifications of contracts by December
31, 2003, to include CCR registration
requirements. As this date is past, the
case removes the associated language.
The rule is proposing to amend the
FAR by—
1. Modifying FAR 2.101 to indicate
that the validation requirement for
‘‘registered in CCR’’ includes TIN
matching.
2. Removing FAR 4.1103(a)(3)(i) thru
4.1103(a)(3)(ii) and a part of 4.1104 to
E:\FR\FM\19OCP1.SGM
19OCP1
Federal Register / Vol. 70, No. 201 / Wednesday, October 19, 2005 / Proposed Rules
remove the language requiring action by
December 31, 2003.
3. Adding detail to the FAR clause at
52.204–7, Central Contractor
Registration, to specifically identify
validation of the TIN as a part of the
definition ‘‘Registered in the CCR
Database,’’ and to indicate that consent
is part of that process.
4. Removing Alternate I to FAR clause
52.204–7, Central Contractor
Registration.
This is not a significant regulatory
action and, therefore, was not subject to
review under Section 6(b) of Executive
Order 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
B. Regulatory Flexibility Act
The Councils do not expect this
proposed rule to have a significant
economic impact on a substantial
number of small entities within the
meaning of the Regulatory Flexibility
Act, 5 U.S.C. 601, et seq., as no new
requirements are being placed on the
vendor community. An Initial
Regulatory Flexibility Analysis has,
therefore, not been performed. We invite
comments from small businesses and
other interested parties. The Councils
will consider comments from small
entities concerning the affected FAR
Parts 2, 4, and 52 in accordance with 5
U.S.C. 610. Interested parties must
submit such comments separately and
should cite 5 U.S.C. 601, et seq. (FAR
case 2005–007), in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because the proposed changes
VerDate Aug<31>2005
15:04 Oct 18, 2005
Jkt 208001
to the FAR do not impose information
collection requirements that require the
approval of the Office of Management
and Budget under 44 U.S.C. 3501, et
seq.
List of Subjects in 48 CFR Parts 2, 4,
and 52
Government procurement.
60783
PART 4—ADMINISTRATIVE MATTERS
4.1103
[Amended]
3. Amend section 4.1103 by removing
paragraph (a)(3) and redesignating
paragraphs (b), (c), (d), and (e) as (a)(3),
(b), (c) and (d), respectively.
4.1104
[Amended]
Dated: October 12, 2005.
Gerald Zaffos,
Director, Contract Policy Division.
4. Amend section 4.1104 by removing
the last sentence.
Therefore, DoD, GSA, and NASA
propose amending 48 CFR parts 2, 4,
and 52 as set forth below:
1. The authority citation for 48 CFR
parts 2, 4, and 52 continues to read as
follows:
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 42 U.S.C. 2473(c).
PART 2—DEFINITIONS OF WORDS
AND TERMS
2. Amend section 2.101 by revising
paragraph (2) of the definition
‘‘Registered in the CCR database’’ to
read as follows:
2.101
Definitions.
*
*
*
*
Registered in the CCR database * * *
*
*
*
*
*
(2) The Government has validated all
mandatory data fields, to include
validation of the Taxpayer Identification
Number (TIN) with the Internal Revenue
Service (IRS), and has marked the
record ‘‘Active’’. The contractor will be
required to provide consent for TIN
validation to the Government as a part
of the CCR registration process.
*
*
*
*
*
Frm 00040
Fmt 4702
52.204–7
*
*
Central Contractor Registration.
*
*
*
Central Contractor Registration (DATE)
(a) * * *
*
*
*
*
Registered in the CCR database * * *
*
*
*
*
*
(2) The Government has validated all
mandatory data fields, to include
validation of the Taxpayer Identification
Number (TIN) with the Internal Revenue
Service (IRS), and has marked the
record ‘‘Active’’. The Contractor will be
required to provide consent for TIN
validation to the Government as a part
of the CCR registration process.
*
*
PO 00000
5. Amend section 52.204–7 by
revising the date of the clause; in
paragraph (a) by revising paragraph (2)
of the definition ‘‘Registered in the CCR
database’’; and by removing Alternate I.
The revised text reads as follows:
Sfmt 4702
[FR Doc. 05–20869 Filed 10–18–05; 8:45 am]
BILLING CODE 6820–EP–S
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]]>Agencies
[Federal Register Volume 70, Number 201 (Wednesday, October 19, 2005)]
[Proposed Rules]
[Pages 60782-60783]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-20869]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 2, 4, and 52
[FAR Case 2005-007]
RIN 9000-AK33
Federal Acquisition Regulation; Central Contractor Registration -
Taxpayer Identification Number (TIN) Validation
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) are proposing to amend the
Federal Acquisition Regulation (FAR) to include the process of
validating a Central Contractor Registration (CCR) registrant's
taxpayer identification number (TIN) with the Internal Revenue Service
(IRS) to improve data accuracy in the Federal procurement system.
Additionally, the proposed amendment removes outdated language
requiring modifications of contracts prior to December 31, 2003,
regarding CCR.
DATES: Interested parties should submit written comments to the FAR
Secretariat on or before December 19, 2005 to be considered in the
formulation of a final rule.
ADDRESSES: Submit comments identified by FAR case 2005-007 by any of
the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Agency Web Site: https://www.acqnet.gov/far/ProposedRules/
proposed.htm. Click on the FAR case number to submit comments.
E-mail: farcase.2005-007@gsa.gov. Include FAR case 2005-
007 in the subject line of the message.
Fax: 202-501-4067.
Mail: General Services Administration, Regulatory
Secretariat (VIR), 1800 F Street, NW, Room 4035, ATTN: Laurieann
Duarte, Washington, DC 20405.
Instructions: Please submit comments only and cite FAR case 2005-
007 in all correspondence related to this case. All comments received
will be posted without change to https://www.acqnet.gov/far/
ProposedRules/proposed.htm, including any personal and/or business
confidential information provided.
FOR FURTHER INFORMATION CONTACT: The FAR Secretariat at (202) 501-4755
for information pertaining to status or publication schedules. For
clarification of content, contact Mr. Michael O. Jackson, Procurement
Analyst, at (202) 208-4949. Please cite FAR case 2005-007.
SUPPLEMENTARY INFORMATION:
A. Background
Vendor registration in the CCR as a pre-requisite for being awarded
a contract has been required in the Department of Defense since 1998,
for Civilian Agencies since 2003. Since CCR's inception, validation of
registrants' TINs with the IRS has been contemplated in order to
improve data accuracy throughout the Federal procurement system. This
capability, although actively pursued, was never implemented as the
Internal Revenue Code (I.R.C.) restricts disclosure of TINs without the
taxpayer's consent, which due to technology at the time, would have
been costly and inefficient to pursue. However, in its Fall 2004
``Report to Senate Committee on Governmental Affairs Permanent
Subcommittee on Investigations,'' the Federal Contractor Tax Compliance
Task Force (which included the Office of Management and Budget, the
Department of Treasury, the Department of Defense, the General Services
Administration, the Department of Justice, and the IRS) recommended
that `` . . . a consent-based TIN validation under I.R.C. Sec. 6103
should be instituted.'' The capability for a near real-time/real-time,
web-based solution integrating the CCR with an IRS validation is now
able to be pursued due to advancements in technology. The FAR was
recommended to be updated to specifically identify the validation of
the TINs as a part of CCR registration.
Additionally, Subpart 4.11, Central Contractor Registration,
contains language that was included when this subpart was implemented
in the FAR in 2003. This outdated language required modifications of
contracts by December 31, 2003, to include CCR registration
requirements. As this date is past, the case removes the associated
language.
The rule is proposing to amend the FAR by--
1. Modifying FAR 2.101 to indicate that the validation requirement
for ``registered in CCR'' includes TIN matching.
2. Removing FAR 4.1103(a)(3)(i) thru 4.1103(a)(3)(ii) and a part of
4.1104 to
[[Page 60783]]
remove the language requiring action by December 31, 2003.
3. Adding detail to the FAR clause at 52.204-7, Central Contractor
Registration, to specifically identify validation of the TIN as a part
of the definition ``Registered in the CCR Database,'' and to indicate
that consent is part of that process.
4. Removing Alternate I to FAR clause 52.204-7, Central Contractor
Registration.
This is not a significant regulatory action and, therefore, was not
subject to review under Section 6(b) of Executive Order 12866,
Regulatory Planning and Review, dated September 30, 1993. This rule is
not a major rule under 5 U.S.C. 804.
B. Regulatory Flexibility Act
The Councils do not expect this proposed rule to have a significant
economic impact on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., as no
new requirements are being placed on the vendor community. An Initial
Regulatory Flexibility Analysis has, therefore, not been performed. We
invite comments from small businesses and other interested parties. The
Councils will consider comments from small entities concerning the
affected FAR Parts 2, 4, and 52 in accordance with 5 U.S.C. 610.
Interested parties must submit such comments separately and should cite
5 U.S.C. 601, et seq. (FAR case 2005-007), in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the proposed
changes to the FAR do not impose information collection requirements
that require the approval of the Office of Management and Budget under
44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Parts 2, 4, and 52
Government procurement.
Dated: October 12, 2005.
Gerald Zaffos,
Director, Contract Policy Division.
Therefore, DoD, GSA, and NASA propose amending 48 CFR parts 2, 4,
and 52 as set forth below:
1. The authority citation for 48 CFR parts 2, 4, and 52 continues
to read as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
PART 2--DEFINITIONS OF WORDS AND TERMS
2. Amend section 2.101 by revising paragraph (2) of the definition
``Registered in the CCR database'' to read as follows:
2.101 Definitions.
* * * * *
Registered in the CCR database * * *
* * * * *
(2) The Government has validated all mandatory data fields, to
include validation of the Taxpayer Identification Number (TIN) with the
Internal Revenue Service (IRS), and has marked the record ``Active''.
The contractor will be required to provide consent for TIN validation
to the Government as a part of the CCR registration process.
* * * * *
PART 4--ADMINISTRATIVE MATTERS
4.1103 [Amended]
3. Amend section 4.1103 by removing paragraph (a)(3) and
redesignating paragraphs (b), (c), (d), and (e) as (a)(3), (b), (c) and
(d), respectively.
4.1104 [Amended]
4. Amend section 4.1104 by removing the last sentence.
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
5. Amend section 52.204-7 by revising the date of the clause; in
paragraph (a) by revising paragraph (2) of the definition ``Registered
in the CCR database''; and by removing Alternate I. The revised text
reads as follows:
52.204-7 Central Contractor Registration.
* * * * *
Central Contractor Registration (DATE)
(a) * * *
* * * * *
Registered in the CCR database * * *
* * * * *
(2) The Government has validated all mandatory data fields, to
include validation of the Taxpayer Identification Number (TIN) with the
Internal Revenue Service (IRS), and has marked the record ``Active''.
The Contractor will be required to provide consent for TIN validation
to the Government as a part of the CCR registration process.
[FR Doc. 05-20869 Filed 10-18-05; 8:45 am]
BILLING CODE 6820-EP-S
